Share on LinkedInShare on LinkedIn

ARTICLE · 06 JANUARY 2025

What's Advertising And What's Not?

Frankfurt Kurnit Klein & Selz PC
Frankfurt Kurnit Klein & Selz PC
Contributor
Frankfurt Kurnit Klein & Selz PC

Frankfurt Kurnit Klein & Selz PC

Founded more than 40 years ago as a boutique law firm servicing the entertainment and arts...

View firm profile
Explore more from Frankfurt Kurnit Klein & Selz PC

First of all, why does it matter? It matters because if a company's materials are considered "advertising" – as opposed to, say, corporate filings, job postings or safety instructions...

United StatesMedia, Telecoms, IT, Entertainment

First of all, why does it matter? It matters because if a company's materials are considered "advertising" – as opposed to, say, corporate filings, job postings or safety instructions – then such materials can (at a minimum) give rise to false advertising claims from a competitor or regulator and to right of publicity claims from individuals whose names, likenesses or persona are used in the materials. Usually, it's obvious when a company is engaged in advertising: the assets are readily recognizable as such or it's otherwise clear that the company is trying to sell something, whether a product or service, or even just itself as a reputable brand or company.

Sometimes, however, it's not so obvious and a couple of recent cases highlight this issue. One is a district court case in California involving two ticket and event management services. (H/T to Rebecca Tushnet for alerting me to this case on her excellent blog.) In that case, Spotlight Ticket Management, Inc.

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

www.fkks.com

This post first appeared in Frankfurt Kurnit's Focus on the Data blog (www.focusonthedata.com). It provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

Originally published by the New York Legal Ethics Reporter

www.fkks.com

This alert provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

www.fkks.com

This alert provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

See more popular content from